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North Dakota Sick Leave: What you need to know

There is no North Dakota law requiring private sector employers to provide employees paid or unpaid sick leave. It is important to remember, however, that if sick leave is promised, an employer may have a legal obligation to grant it. Thus, employers should regularly review policy statements made in handbooks or elsewhere to ensure that they accurately reflect current policies. If not, they should be changed, and employees should be notified of the changes.

Separation from employment. If an employee separates from employment voluntarily, a private employer may withhold payment for accrued paid time off (PTO) if:

(1) At the time of hiring, the employer provided the employee written notice of the limitation on payment of accrued PTO;

(2) The employee has been employed by the employer for less than 1 year; and

(3) The employee gave the employer less than 5 days’ written or verbal notice.

If all of these requirements are not met, employers are required to pay employees for all PTO earned or awarded at the time of termination. No employment contract or policy may provide for forfeiture of that right.

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Effective August 1, 2015, an employer is no longer required to compensate employees for unused PTO or vacation time “awarded” by the employer but not yet “earned” by the employee if the company has a written policy limiting PTO payouts upon termination.

Although the terms “awarded” and “earned” are not defined in the statute, an employer with a carefully drafted policy could presumably “award” all PTO (or a portion of the amount earned for the year) in January but require that it be “earned” at a certain rate throughout the year. Under such a policy, employees could take PTO as needed, but ...

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues.
This report includes practical advice on topics such as:

FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements